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14.10.

98 EN Official Journal of the European Communities C 316/5

II
(Preparatory Acts)

COMMISSION
Proposal for a Council Decision relating to the conclusion, on behalf of the Community, of the
Convention on the International Commission for the Protection of the Oder

(98/C 316/05)
COM(1998) 528 final — 98/0278(CNS)

(Submitted by the Commission on 17 September 1998)

THE COUNCIL OF THE EUROPEAN UNION, Whereas within their respective spheres of competence,
Having regard to the Treaty establishing the European the Community and the Member States cooperate with
Community, and in particular Article 130r(4) thereof, in non-member countries and with the competent inter-
conjunction with the first sentence of Article 228(2) and national organisations;
the first subparagraph of Article 228(3);
Whereas the conclusion of the Convention by the
Having regard to the proposal from the Commission, Community contributes to the pursuit of the objectives
laid down in Article 130r of the Treaty,
Having regard to the opinion of the European
Parliament,
Whereas the Commission has participated on behalf of HAS DECIDED AS FOLLOWS:
the Community in the negotiations to prepare a
Convention on the International Commission for the Article 1
Protection of the Oder; The Convention on the International Commission for
Whereas this Convention was signed on behalf of the the Protection of the Oder is hereby approved on behalf
Community in Wroclaw (Poland), on 11 April 1996; of the Community.

Whereas this Convention aims to strengthen multilateral The text of the Convention is contained in the Annex to
cooperation to prevent and control pollution of the this Decision.
Oder, protect the environment and ensure sustainable
use of water resources;
Article 2
Whereas the overriding aim of Commission policy in the
field of the environment is a high level of protection; The President of the Council is authorised to designate
whereas it is based on the principles of precautionary the person or persons empowered to deposit the
measures and preventive action, the principle of instrument of approval with the General Secretariat of
rectifying environmental damage preferably at source the Council in accordance with Article 18(2) of the
and the principle of the polluter pays; Convention.
C 316/6 EN Official Journal of the European Communities 14.10.98

ANNEX

CONVENTION ON THE INTERNATIONAL COMMISSION FOR THE PROTECTION OF THE


ORDER AGAINST POLLUTION

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,

THE GOVERNMENT OF THE REPUBLIC OF POLAND,

THE GOVERNMENT OF THE CZECH REPUBLIC

and

THE EUROPEAN COMMUNITY,

hereinafter referred to as the Contracting Parties,

Convinced of the need to improve the ecological state of the Oder and the Stettiner Haff, including their
drainage areas,

Desirous to prevent further pollution of these waters,

Resolved to contribute to a sustained reduction of pollution of the Baltic Sea,

Convinced of the urgency of these tasks,

Desirous to increase the cooperation that already exists between the Contracting Parties in this area,

HAVE AGREED THE FOLLOWING:

Article 1
1.ÚÙThe Contracting Parties shall cooperate within the International Commission for the Protection of
the Oder against Pollution, hereinafter referred to as the Commission, to prevent the pollution of the Oder
and the Stettiner Haff, including their drainage areas, hereinafter referred to as the Oder.

2.ÚÙThe objectives of this cooperation shall be in particular,

(a)Ùto prevent the pollution of the Oder and the Baltic Sea by contaminants and to achieve a sustained
reduction in the pollution thereof,

(b) to achieve the most natural aquatic and littoral ecosystems possible with the corresponding species
diversity,

(c) to permit utilisation of the Oder, in particular the production of drinking water from bank filtrate and
the use of its water and sediments in agriculture.

3.ÚÙTo achieve these objectives, the Contracting Parties shall draw up joint action programmes within the
Commission with timetables for their implementation. These action programmes may be gradually supple-
mented as necessary.

4.ÚÙFor the attainment of these objectives, the Contracting Parties shall promote the exchange of modern
technologies to prevent and reduce pollution resulting from agreements concluded under civil law.

Article 2
1.ÚÙThe Commission shall in particular:

(a)Ùprepare surveys of point sources of pollution, estimate water pollution from non-point sources and
extrapolate both by sector and the main types of pollution,

(b) propose limite values for the discharge of waste waters,


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(c) propose water quality objectives which take account of the intended use of the waters and the
particular conditions for protection of the Baltic Sea and the aquatic and littoral ecosystems,

(d) establish joint measurement and analysis programmes to demonstrate the quality and quantity of the
waters and the quality of the sediments, to assess the state of the aquatic and littoral ecosystems and,
where necessary, to evaluate the consequences of the water pollution, and to evaluate the results,

(e) develop standardised methods for the classification of the waters,

(f) analyse data and information necessary for the protection of the Oder, in particular with regard to
hydrology and water resource management,

(g) propose action programmes for the reduction of pollution, especially by contaminants from both
municipal and industrial point sources and from non-point sources and other measures including the
proposed timescale, cost estimate and possible funding arrangements,

(h) propose safeguards to prevent and deal with unforeseen pollution incidents, and establish a uniform
warning and alert system in the light of experience,

(i) document the ecological importance of the various biotope elements, including the eco-morphology,
and draft proposals for the maintenance, restoration and protection of aquatic and littoral ecosystems,

(j) discuss planned and existing types of utilisation of the waters which may have important transboundary
repercussions,

(k) promote cooperation on scientific research projects and the exchange of information, in particular on
the state of the art and modern technologies to prevent and reduce water pollution.

2.ÚÙThe Commission shall cover matters relating to the protection of the waters against pollution where
such pollution is caused by fisheries, shipping or other uses of the river.

3.ÚÙThe Commission may be given other tasks by joint agreement between the Contracting Parties.

Article 3
This Convention shall apply in the territories of the Republic of Poland and the Czech Republic and in the
territories in which the Treaty establishing the European Community is applicable.

Article 4
1.ÚÙThe Commission’s activities shall be conducted in accordance with the laws of the Contracting
Parties.

2.ÚÙThe Commission shall make proposals and recommendations to the Contracting Parties to achieve the
objectives of this Convention.

3.ÚÙThe Contracting Parties shall inform the Commission, within specific periods of time, of the
conditions and resources needed to achieve the objectives and of the measures taken and the results
thereof.

Article 5
1.ÚÙThe Commission shall consist of delegations of the Contracting Parties. Each Contracting Party shall
appoint a maximum of five delegates, including the head of the delegation and his deputy and up to five
alternate delegates.

2.ÚÙEach delegation may call in experts designated by it for the consideration of specific issues.

3.ÚÙThe Commission shall adopt rules of procedure.


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Article 6
1.ÚÙThe chairmanship of the Commission shall be held by the delegations of the Contracting Parties in
turn. Details of the chairmanship and the related tasks shall be laid down in the rules of procedure. The
delegation holding the chairmanship shall designate one of its members as chairman. The delegation may
appoint a further delegate for the duration of its chairmanship.

2.ÚÙThe chairman shall not normally speak on behalf of his delegation in the Commission meetings.

Article 7
1.ÚÙThe Commission shall meet at least once a year at the chairman’s invitation for an ordinary meeting
at a place specified by him.

2.ÚÙExtraordinary meetings shall be convened by the chairman at the request of at least one delegation.

3.ÚÙThe heads of the delegations may confer between meetings of the Commission.

4.ÚÙThe chairman shall propose the agenda. Each delegation shall be entitled to include those items in the
agenda which it wishes to have discussed.

Article 8
1.ÚÙEach delegation shall have one vote.

2.ÚÙNegotiations and decisions within the framework of this Convention and in the course of its
implementation shall be carried out by the European Community and the Federal Republic of Germany
within their respective fields of competence. The European Community shall not exercise its right to vote
in cases in which the Federal Republic of Germany is competent and viceØversa.

3.ÚÙThe Commission’s decisions and proposals shall be unanimously adopted. A written procedure may be
applied in accordance with conditions to be specified in the rules of procedure.

4.ÚÙDecisions nem. con. shall be deemed to be unanimous, provided all the delegations are present.

Article 9
1.ÚÙThe Commission shall set up working parties to carry out certain tasks.

2.ÚÙThe working parties shall consist of the delegates or experts designated by each delegation.

3.ÚÙThe Commission shall determine the tasks and the number of members of each working party and
shall appoint the chairman.

Article 10
The Commission shall have legal personality. Its legal capacity shall be governed by the law of the State in
which its secretariat is located. The Commission shall be represented by its chairman. The chairman may
determine his representatives in accordance with the rules of procedure.

Article 11
The Commission shall establish a secretariat for the preparation and implementation of its work. The
Commission shall lay down rules for the work of the secretariat in the rules of procedure. The secretariat
shall be located in Breslau.

Article 12
The Commission may call on the services of specially qualified persons or bodies to examine specific issues
within the limits of its budget.
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Article 13
1.ÚÙThe Commission shall, in accordance with the objectives of this Convention, decide on cooperation
with other international and national organisations concerned with protection of waters against pollution.

2.ÚÙThe Commission shall inform the public of the results of its work and its programmes and measures.

Article 14
The Commission shall provide the contracting parties with an activity report at least every two years and, if
necessary, with further reports, in particular on measures taken and the results of analyses and their
evaluation.

Article 15
1.ÚÙEach Contracting Party shall bear the cost of its representation in the Commission and in the working
parties.

2.ÚÙOther costs incurred by the Commission and the costs of the secretariat shall be covered by the
Commission’s budget. The contributions to the Commission’s budget shall be divided among the
Contracting Parties as follows:

Federal Republic of Germany: 38,75Ø%


Republic of Poland: 38,75Ø%
Czech Republic: 20,00Ø%
European Community: 2,50Ø%
Total: 100,00Ø%

3.ÚÙThe Commission shall decide on its budget and confirm its performance. Further details shall be laid
down in the rules of procedure.

4.ÚÙThe Commission’s budget shall be made up, apart from the contributions from the Contracting
Parties, of donations, grants, interest receipts and recources from other sources.

Article 16
1.ÚÙRights and obligations of the Contracting Parties resulting from bi- and multilateral agreements shall
not be affected by this Convention.

2.ÚÙThe Commission shall examine, in agreement with the Contracting Parties, the extent to which it is
possible and expedient to harmonise the rights and obligations from existing agreements in order, among
other things, to avoid duplication of effort and shall present corresponding proposals if appropriate.

Article 17
The working languages of the Commission shall be German, Polish and Czech.

Article 18
1.ÚÙThis Convention must be ratified or confirmed in accordance with the respective laws of the
Contracting Parties.

2.ÚÙThe ratification or confirmation deeds shall be deposited with the General Secretariat of the Council
of the European Union as depositary. The depositary shall inform the other Contracting Parties of every
ratification or confirmation deed deposited.

3.ÚÙThis Convention shall enter into force 30 days after the day on which the last ratification or confir-
mation deed has been deposited with the depositary. The depositry shall inform the other Contracting
Parties of the date of entry into force.
C 316/10 EN Official Journal of the European Communities 14.10.98

Article 19
1.ÚÙThe Convention shall be concluded for an indefinite period.

2.ÚÙFive years after its entry into force, this Convention may be denounced at any time by any of the
Contracting Parties through notification to the depositary. The Convention shall thereby cease to have
effect for the denouncing party one year after the deposit of the note in question with the depositary.

Article 20
This Convention which is drawn up in original copies in German, Polish and Czech, each text being
equally binding, shall be deposited in the archives of the General Secretariat of the Council of the
European Union. The latter shall send a certified copy to each of the Contracting Parties.

Done at Breslau on 11 April 1996.

For the Government of the Federal Republic of Germany


For the Government of the Republic of Poland
For the Government of the Czech Republic
For the European Community